California’s Fourth District Court of Appeals has upheld a lower court’s dismissal of a legal malpractice action on the basis that it was barred by the applicable statute of limitations. In Torres v. Blankenship, a client hired an attorney to represent her in various legal proceedings over a two year period. Unbeknownst to the client, the attorney had been under investigation by the State Bar of California, and was suspended from practicing law for the final two months of his representation. The attorney subsequently informed the client of his suspension and she terminated his services.
The Supreme Court of Nebraska has suspended an attorney for an indefinite term after finding that she disclosed confidential information about a client. In re Donna J. Tonderum, a Nebraska attorney informed a prosecutor that she believed one of her former clients was guilty of a crime.
The Supreme Court of Louisiana has disbarred an attorney after finding that he failed to refund unearned attorney’s fees to 26 clients. In re Charles Tanner Phillips, II, a Louisiana attorney accepted and kept attorney’s fees from multiple clients, but did not perform any substantive legal work in return.
The Supreme Court of Wisconsin has suspended an attorney after finding that he engaged in unethical conduct. In re Disciplinary Proceedings Against Kratz, a Wisconsin district attorney met with the victim of domestic abuse to discuss the case, which he was prosecuting against her ex-boyfriend. After the meeting, the attorney and the victim exchanged personal cell phone numbers. Over the following three days, the attorney sent the woman 30 text messages, some of which contained sexually explicit language that the woman felt was offensive.
The Texas Board of Disciplinary Appeals (“Board”) has disbarred an attorney after he was convicted of conspiracy to commit wire fraud in connection with his operation of an investment scam. In the Matter of Roger Lee Shoss, an attorney created fraudulent business entities using the names of corporation’s companies, which were still listed on the NASDAQ stock exchange, but had lost their corporate status, due to their failure to pay taxes.
The Indiana Supreme Court has placed an attorney on probation, after finding that she withdrew unearned funds from her client trust account. In the Matter of Jennifer L. Graham, an attorney wrote a check to herself from her client trust account in the amount of $1,100, and wrote the words “HELP ME” next to the check number in her account ledger book. A few days later, she wrote another check in the amount of $550 with the same phrase written in the ledger. When she presented the second check for payment, it was dishonored. She repaid the $1,100 several days later.
The Florida Supreme Court has entered a judgment suspending an attorney for three years, after finding that he violated the Florida Rules of Professional Conduct. In Florida Bar v. Bruce Edward Committe, an attorney filed a lawsuit on behalf of a client against a defendant, alleging that he maliciously interfered with a business relationship of the client and slandered the client.
The defendant moved for summary judgment. The court granted the motion, holding that there was no admissible evidence to support either count of the client’s complaint. Following a hearing on the motion, the court ordered the attorney and his client to compensate the defendant a total of $13,000 for his attorney’s fees and court costs. The attorney subsequently appealed.
The Florida First District Court of Appeals affirmed the lower court’s decision. After the appeal, the defendant sent two letters to the attorney requesting that he pay his portion of the judgment. After he received the second letter, the attorney wrote to his local district attorney and claimed that the defendant was attempting to extort him.
The Michigan Supreme Court has removed and conditionally suspended a judge after ruling that he violated the Code of Judicial Conduct. In the matter of Wade H. McCree, a judge was presiding over a case regarding the nonpayment of child support. While the case was ongoing, he began a sexual relationship with the petitioner, who was the mother of the child. He continued to oversee the matter, and sent her private messages about the case. He later recused himself, but did not disclose the relationship as the reason for his recusal.
The judge was also presiding over a criminal case against the woman’s uncle. While he was still romantically involved with her, he signed an order reducing her uncle’s bond also sent her text messages about the case.
The Appellate Division of the New York Supreme Court disbarred an attorney after finding that he had intentionally converted client funds. The attorney was a partner in a real-estate company, which facilitated mortgage loans to investors for the purchase and rehabilitation of distressed properties. Investor funds were secured by mortgages on various properties and investors were issued promissory notes providing periodic interest payments.
In 2007, the attorney’s firm stopped making interest payments to investors and explained that, as a result of the financial crisis, many of the borrowers were unable to make payments and he had foreclosed on the loans on the investors behalf. However, in lieu of foreclosure on one particular property, the attorney transferred title from a third party into the name of an investor, unbeknownst to him. The attorney then forged the investor’s signature on a deed transferring the property to an entity solely controlled by his partner’s mother in exchange for $65,000.
This purchase was facilitated by a loan provided by another investor. Part of the agreement with this investor, required that a specific amount of the loan proceeds were to be held in a separate escrow account to be used for rehabilitating the properties. The attorney instead deposited the funds into his lawyer’s trust account, and subsequently withdrew the money without the client’s permission.
The Supreme Court of Georgia has revoked an attorney’s license to practice law in Georgia. The lawyer represented a client in a personal injury action and negotiated a settlement in the amount of $30,000. The defendants disbursed the settlement to the attorney, who deposited the check into his personal account and absconded with the money. When the client never received the settlement funds and was unable to contact the attorney, he sought and obtained another payment from the defendants. The defendants were also unable to locate the attorney and notified the Georgia State Bar of his conduct.
A disciplinary complaint issued, but the attorney again failed to respond. For the above reasons, the Supreme Court of Georgia found that the attorney had wrongfully commingled funds, in violation of the Georgia Rules of Professional Conduct, Rules 1.15(II)(a) and 8.4(a)(4), and revoked his license to practice law.